THISA INDIA PRIVATE LTD Vs. ANJALI DEVI JAJODIA

JUDGEMENT

(1.) The tenant-defendant is the Appellant. An exparte decree dated 29.12.96 for eviction of the defendant was passed against him, inter alia, on the ground that despite an order made under section 17(2A) of the West Bengal Premises Tenancy Act wherein the petitioner was found to be a defaulter to the extent of a sum of Rs. 14,70,250/- and despite the fact that in a revision application marked as C.O.No. 1286(W) of 1995, this Court by an order dated 19.2.96 directed the petitioner to pay half of the amount within six months from the date thereof and the remaining half in 10 equal monthly installments after payment of the first installment; failed and/or neglected to pay the same. The suit was fixed for ex parte hearing. An application had been filed under section 151 of the Code of Civil Procedure on 30th September, 1996 praying for recalling the order fixing the suit for exparte hearing dated 19.9.96 however, was rejected by the learned trial Court, stating :-

(2.) Before coming to the merit of the matter, the fact of the case may be noticed.

(3.) By an agreement in writing the appellant was inducted in the suit premises on leave and license basis in respect of flat No. 58 of Tivoli Court at a monthly rent of Rs. 3,981.25 p. The rent was increased from the month of March 1986 to Rs. 10,000/- per month; from 1st March, 1987 to Rs. 12,000/- and from 1st March, 1988 to Rs. 13,500/- per month. The defendant became a defaulter. He paid a sum of Rs. 1,00,000/- and issued 4 cheques amounting to Rs. 4,80,500/- in total which were dishonoured. He allegedly agreed to vacate the flat by February, 1989. The arrears dues regarding license fee rose to the extent of Rs. 4,26,500/- as had been calculated by the landlord in the following manner :- <FRM>JUDGEMENT_331_CALLT3_2000Html1.htm</FRM>